You are probably aware by now that driving requires all of your attention to do so as safely as possible. That’s why most states have implemented laws prohibiting people from engaging in many activities while behind the wheel of a motor vehicle. New Mexico, which is one of these states, has distracted driving laws that prohibit all motorists from text messaging while driving. These laws also prohibit commercial drivers from talking on the phone while driving. Here’s what else you should know about texting and driving laws in New Mexico.
Commercial Drivers
Unlike commercial drivers, other drivers are not prohibited from talking on the phone while driving. Commercial drivers are prohibited from using a handheld mobile communication device for any reason while they are driving.
It’s important to differentiate the exceptions for commercial drivers to use a handheld communication device.
Exceptions
The commercial driver handheld device ban doesn’t apply to:
- Devices that are used to contact medical or emergency help;
- GPS or navigation systems;
- Devices that are in hands-free mode or that are voice-operated; or
- Devices that are electronically (or physically) joined to the vehicle.
Definition of “Driving”
But what does it actually mean to “drive?” It may seem obvious, but not everyone fully understands. In regards to distracted driving laws, driving means that someone is in actual physical control of a vehicle on a street or highway. It’s important to note that even when stopping at a light, a stop sign, or bumper-to-bumper traffic, the individual behind the wheel is still “driving.”
This means that no driver may do any of the following with their cell phone or other hand-held communication devices while driving:
- Texting
- Calling
- Checking messages
- Reading emails
- Searching the Internet
- Searching through apps
If a commercial driver is caught texting or using their cell phone, barring exceptions he or she will receive a $25 fine for a first violation and a $50 fine for any subsequent violation.
Definition of “Texting”
Now that you know what it means to “drive,” what does it mean to “text” for purposes of the driving and texting ban? A text message is a digital communication that is transmitted or that the creator hopes to be transmitted between two or more communication devices.
This definition includes email, instant messages, regular text messages, and commands or requests to an Internet site
Exceptions
As with the ban on handheld communication devices for commercial drivers, the texting ban doesn’t apply to:
- Devices that are used to contact medical or emergency help;
- GPS or navigation systems;
- Devices that are in hands-free mode or that are voice-operated; or
- Devices that are electronically (or physically) joined to the vehicle.
If someone is found to be in violation of the text-messaging ban, barring exceptions he or she will receive a $25 fine for a first violation and a $50 fine for any subsequent violation.
Since using a handheld communications device or texting can lead to serious consequences, someone who engages in such prohibitive behavior could also be convicted of reckless driving. Additionally, if one of these violations results in the death of another person, the alleged at-fault party could even be charged with vehicular homicide.
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If you or a loved one has been injured in a car accident, it can result in very serious harm. It can be difficult enough dealing with your injuries, but it can be even harder when you are left to pick up the pieces financially. You should never have to pay the price for someone else’s mistakes.
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Posted in: Automobile Accidents